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(영문) 제주지방법원 2018.02.22 2017노696

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. Under our criminal litigation law, which takes the principle of court-oriented trials and directness, there is no change in the conditions of sentencing compared to the first instance court, and where the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance court’s sentencing (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Although the Defendant appears to have committed the instant crime, he/she appears to have an attitude of recognizing and opposing the Defendant, the lower court appears to have determined the Defendant’s punishment in light of such circumstances, and there is no change of circumstances that may be considered in sentencing after the sentence of the lower court, and the Defendant committed the instant crime on April 14, 2017, which was sentenced to eight months of imprisonment, suspended sentence two years after being sentenced to suspension of execution, and was finalized on April 22, 2017, in view of the following: the Defendant’s blood record and alcohol level at the time of the instant crime; and the Defendant’s motive and degree of the instant crime; and the following circumstances.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.